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Gay Rights vs. Religious Liberty?: The Unnecessary Conflict

by Andrew Koppelman (Author)
4.0 4.0 out of 5 stars 2 ratings
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Should religious people who conscientiously object to facilitating same-sex weddings, and who therefore decline to provide cakes, photography, or other services, be exempted from antidiscrimination laws? This issue has taken on an importance far beyond the tiny number who have made such claims. Gay rights advocates fear that exempting even a few religious dissenters would unleash a devastating wave of discrimination. Conservative Christians fear that the law will treat them like racists and drive them to the margins of American society.

Both sides are mistaken. The answer lies, not in abstract principles, but in legislative compromise. This book clearly and empathetically engages with both sides of the debate. Koppelman explains the basis of antidiscrimination law, including the complex idea of dignitary harm. He shows why even those who do not regard religion as important or valid nonetheless have good reasons to support religious liberty, and why even those who regard religion as a value of overriding importance should nonetheless reject the extravagant power over nonbelievers that the Supreme Court has recently embraced.

Koppelman also proposes a specific solution to the problem: that religious exemptions be granted only to the few businesses that are willing to announce their compunctions and bear the costs of doing so. His approach makes room for America's enormous variety of deeply held beliefs and ways of life. It can help reduce the toxic polarization of American politics.
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  1. ISBN-10
    0197500986
  2. ISBN-13
    978-0197500989
  3. Publisher
    Oxford University Press
  4. Publication date
    June 2, 2020
  5. Language
    English
  6. Dimensions
    8.3 x 0.6 x 5.6 inches
  7. Print length
    214 pages
  8. See all details
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Editorial Reviews

Review

"Professor Koppelman offers a compromise that can satisfy both sides." -- George W. Dent, Journal of Church and State

"Andrew Koppelman is an essential voice for common sense and compromise in the bitter--and at this point, mostly unnecessary--fight between religious conservatives and the LGBT community. Both sides are here to stay, and they have to live with each other. Koppelman points the way and offers one possible solution." -- Douglas Laycock , Robert E. Scott Distinguished Professor of Law, University of Virginia Law School and author of Religious Liberty, Volumes I-V

"Like everything Andrew Koppelman writes, Gay Rights vs. Religious Liberty? instructs, provokes, and scintillates. Koppelman packs his book with ideas and arguments that are like no one else's. He also happens to be right: a train wreck between gay rights and religious liberty is avoidable--if we act wisely and soon." -- Jonathan Rauch , Senior Fellow, Brookings Institution and author of Gay Marriage: Why It Is Good for Gays, Good for Straights, and Good for America

About the Author

Andrew Koppelman is John Paul Stevens Professor of Law, Professor (by courtesy) of Political Science, and Philosophy Department Affiliated Faculty at Northwestern University, where he received the 2015 Walder Award for Research Excellence. His scholarship, which received the Hart-Dworkin award in legal philosophy from the Association of American Law Schools and the Edward S. Corwin Prize from the American Political Science Association, focuses on issues at the intersection of law and political philosophy. He has written six books, most recently The Tough Luck Constitution and the Assault on Health Care Reform (Oxford University Press, 2013) and Defending American Religious Neutrality (Harvard University Press, 2013), and more than 100 papers. He is an occasional contributor to the Balkinization blog.

Product details

  • Publisher ‏ : ‎ Oxford University Press (June 2, 2020)
  • Language ‏ : ‎ English
  • Hardcover ‏ : ‎ 214 pages
  • ISBN-10 ‏ : ‎ 0197500986
  • ISBN-13 ‏ : ‎ 978-0197500989
  • Item Weight ‏ : ‎ 13.1 ounces
  • Dimensions ‏ : ‎ 8.3 x 0.6 x 5.6 inches
  • Customer Reviews:
    4.0 4.0 out of 5 stars 2 ratings

About the author

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Andrew Koppelman

Andrew Koppelman

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Andrew Koppelman is John Paul Stevens Professor of Law, Professor (by courtesy) of Political Science, and Philosophy Department Affiliated Faculty at Northwestern University. He received the Walder Award for Research Excellence from Northwestern, the Hart-Dworkin award in legal philosophy from the Association of American Law Schools, and the Edward S. Corwin Prize from the American Political Science Association. His scholarship focuses on issues at the intersection of law and political philosophy. He has written more than 100 scholarly articles and eight books, most recently Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed (St. Martin’s Press, 2022). You can find his recent work at andrewkoppelman.com.

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